PRINTER'S NO. 3202
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2649
Session of
2022
INTRODUCED BY GROVE, JUNE 8, 2022
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 8, 2022
AN ACT
Amending the act of June 25, 1982 (P.L.633, No.181), entitled
"An act providing for independent oversight and review of
regulations, creating an Independent Regulatory Review
Commission, providing for its powers and duties and making
repeals," further providing for composition of commission,
membership, compensation, vacancies and removal and for
procedures for subsequent review of disapproved final-form or
final-omitted regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 4(a) and (i) and 7(c.1) and (d) of the
act of June 25, 1982 (P.L.633, No.181), known as the Regulatory
Review Act, are amended to read:
Section 4. Composition of commission; membership, compensation;
vacancies; removal.
(a) The Independent Regulatory Review Commission shall
consist of [five] seven members to be known as commissioners.
One commissioner shall be appointed by the Governor to serve at
the Governor's pleasure, one by the President pro tempore of the
Senate, one by the Speaker of the House of Representatives, one
by the Majority Leader of the Senate, one by the Majority Leader
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of the House of Representatives, one by the Minority Leader of
the Senate and one by the Minority Leader of the House of
Representatives. A member of the General Assembly or any other
officer or employee of State Government may not serve as a
commissioner; but a commissioner may serve on advisory boards
and commissions, or on other boards and commissions which do not
promulgate any rules and regulations which may come before the
commission for review pursuant to this act.
* * *
(i) For purposes of conducting official business, a quorum
consists of [three] a majority of the commissioners. A
commissioner must be physically present to be counted toward the
quorum. If the commission is unable to conduct business for lack
of a quorum, the deadline for the commission to take action on a
regulation in accordance with this act shall be postponed for 30
days or until the next meeting at which a quorum is in
attendance, whichever first occurs.
Section 7. Procedures for subsequent review of disapproved
final-form or final-omitted regulations.
* * *
(c.1) The commission may have until its next scheduled
meeting, which occurs no less than 15 days from receipt of the
agency's report to approve or disapprove the agency's report.
The commission shall deliver its approval or disapproval order
to the committees for consideration by the General Assembly
pursuant to subsection (d). If the commission is prevented from
delivering its order to the committees within the time period
provided for in this subsection because of the adjournment sine
die or expiration of the legislative session in an even-numbered
year, the commission shall deliver its order on the fourth
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Monday of January of the next year. If either committee has not
been designated by the fourth Monday in January, the commission
may not deliver its order to the committees until both
committees are designated, but the commission shall deliver its
order no later than the second Monday after the date by which
both committee designations have been published in the
Pennsylvania Bulletin. If the commission disapproves the
agency's report, the agency shall be barred from promulgating
the final-form or final-omitted regulation. If the commission
does not deliver its order disapproving the agency's report and
revised final-form or final-omitted regulation in the time
prescribed by this subsection, the commission shall be deemed to
have approved the agency's report and the revised final-form or
final-omitted regulation.
(d) Upon receipt of the commission's order approving the
agency's report pursuant to subsection (c.1) or at the
expiration of the commission's review period if the commission
does not act on the regulation or does not deliver its order
pursuant to subsection (c.1), one or both of the committees may,
within 14 calendar days, report to the House of Representatives
or Senate a concurrent resolution and notify the agency. During
the 14-calendar-day period, the agency may not promulgate the
final-form or final-omitted regulation. If, by the expiration of
the 14-calendar-day period, neither committee reports a
concurrent resolution, the committees shall be deemed to have
approved the final-form or final-omitted regulation, and the
agency may promulgate that regulation. If either committee
reports a concurrent resolution before the expiration of the 14-
day period, the Senate and the House of Representatives shall
each have 30 calendar days or ten legislative days, whichever is
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longer, from the date on which the concurrent resolution has
been reported, to adopt the concurrent resolution. If the
General Assembly adopts the concurrent resolution by majority
vote in both the Senate and the House of Representatives, the
concurrent resolution shall be presented to the Governor in
accordance with section 9 of Article III of the Constitution of
Pennsylvania. If the Governor does not return the concurrent
resolution to the General Assembly within ten calendar days
after it is presented, the Governor shall be deemed to have
approved the concurrent resolution. If the Governor vetoes the
concurrent resolution, the General Assembly may override that
veto by a two-thirds vote in each house. The Senate and the
House of Representatives shall each have 30 calendar days or ten
legislative days, whichever is longer, to override the veto. If
the General Assembly does not adopt the concurrent resolution or
override the veto in the time prescribed in this subsection, it
shall be deemed to have approved the final-form or final-omitted
regulation. Notice as to any final disposition of a concurrent
resolution considered in accordance with this section shall be
published in the Pennsylvania Bulletin. The bar on promulgation
of the final-form or final-omitted regulation shall continue
until that regulation has been approved or deemed approved in
accordance with this subsection. If the General Assembly adopts
the concurrent resolution and the Governor approves or is deemed
to have approved the concurrent resolution or if the General
Assembly overrides the Governor's veto of the concurrent
resolution, the agency shall be barred from promulgating the
final-form or final-omitted regulation. If the General Assembly
does not adopt the concurrent resolution or if the Governor
vetoes the concurrent resolution and the General Assembly does
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not override the Governor's veto, the agency may promulgate the
final-form or final-omitted regulation. The General Assembly
may, at its discretion, adopt a concurrent resolution
disapproving the final-form or final-omitted regulation to
indicate the intent of the General Assembly but permit the
agency to promulgate that regulation.
Section 2. The amendment of section 7(c.1) and (d) of the
act shall apply to final-form or final-omitted regulations
submitted to the Independent Regulatory Review Commission after
the effective date of the amendment of section 7(c.1) and (d) of
the act.
Section 3. This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) The amendment of section 4(a) and (i) of the
act.
(ii) Section 2 of this act.
(iii) This section.
(2) The remainder of this act shall take effect in 60
days.
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